H. B. 4271
(By Delegates Foster, Palumbo,
Hatfield and Iaquinta)
[Introduced
February 3, 2004
; referred to the
Committee on Education.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-2-12, relating to
requiring all schools in the state to permit students to
self-administer asthma medication; requiring written
authorization from parents or guardians; written statement
from attending physician or advance practice registered nurse;
limiting liability for injury; and providing certain
definitions.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-2-12
, to read as
follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-12. Requiring schools to permit self-administration of
asthma medication; indemnity from liability; procedures; definitions.
(a) The state board shall require that all public, private,
parochial and denominational schools located within this state must
permit the self-administration of asthma medication by students
with asthma.
(b) The state board shall require the parents or guardians of
the student to provide the school: (1) A written authorization for
the self-administration of medication; (2) a written statement from
the student's physician or advanced practice registered nurse
containing the name and purpose of the medication, appropriate
usage and dosage and the time or times at which or the special
circumstances under which the medication is to be administered; and
(3) information that the student has passed an assessment by the
school nurse evaluating the technique and appropriate use of the
asthma medication in order for the student to be permitted to
self-administer asthma medication under the provisions of this
section. The information shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the office
of the school administrator.
(c) The county school board or nonpublic school must inform
the parents or guardians of the student, in writing, that the
school, county school board or nonpublic school and its employees
and agents are exempt from any liability, except for willful and
wanton conduct, as a result of any injury arising from the self-administration of medication by the student and that the
parents or guardians must indemnify and hold harmless the school,
the county board of education or nonpublic school and its employees
or guardians and agents against any claims arising out of the
self-administration of medication by the student.
(d) The permission for self-administration of medication is
effective for the school year for which it is granted and shall be
renewed each subsequent school year upon the fulfillment of the
requirements of this section.
(e) A student with asthma who has met the requirements of this
section may possess and use asthma medication: (1) In school; (2)
at a school-sponsored activity; (3) under the supervision of school
personnel; or (4) before or after normal school activities, such as
before school or after school care on school operated property.
(f) The following definitions apply to this section:
(1) "Medication" means a medicine, prescribed by: (1) A
physician licensed to practice medicine in all its branches; (ii)
a physician assistant who has been delegated the authority to
prescribe asthma medications by a supervising physician; or (iii)
an advanced practice registered nurse who has a written
collaborative agreement with a collaborating physician that
delegates the authority to prescribe asthma medications for a
student that pertains to the student's asthma and that has an
individual prescription label.
(2) Self-administration" means a student's discretionary use
of prescribed asthma medication.
NOTE: The purpose of this bill is to require all schools in
the state to permit students to self-administer asthma medication.
It requires written authorization from parents or guardians and a
written statement from attending physician or advance practice
registered nurse before the student may self-administer the
medication. The bill limits liability for injury to the student to
willful or wanton actions by the school. And, the bill provides
definitions for "medication" and "self-administration".
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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